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Pioneer's early reminiscences of first grand jury, Fergus County, Montana

Pioneer's early reminiscences of first grand jury held.
By DAVID HILGER.
On the 4th of April, L887, Judge Thomas C. Bach, associate justice of the supreme court of
Montana, convened the first district court in Fergus County, having been delegated by the
Supreme Court to do so, in what was then the Fourth judicial district. On the 1-3th of December,
1886, court was called but continued on account of the absence of the judge to the 19th of
December, when, again forthe same reason, itwas continued untilApril 4th,L887. ToJ. M.
Vrooman, now of Grass Range, must be accorded the distinction of being the first deputy clerk
of court who called the district court order in front of the old jail on top of the hill and
continuing the? from day to day. However, as stated, on April 4th, L887, Judge Bach duly
opened court the first order of business was swearing in of the grand jury that had been
summoned to serve as consisting of the following persons: .
Louis D. Smith, F. R. Stoddard, David Hilger, John Duffield, George Williamson, Thomas Gregory,
A. B. Bean, Robert Jackson, T. A. Sloan, Dr. L. A. LaPalme , O. W. Kelly, Hugh Cameron, H. F.
Clement, Rodger Clifford, George Fallagan, John McCourt.
H. F. Clement was appointed as foreman and the writer acted as Clerk.
After this jury was sworn in Judge Bach gave quite an extended talk to the jury upon various
infractions of law, gave the usual instructions, carefully inquire and not to convict anybody
unless there was a reasonable grounds for conviction.
The full roster of court officials at time was as follows: James Farlane was clerk, and Charles S. ?
. deputy; Frank W. Smith was attorney, and John Beck, Sheriff. At that time there was no court
house in the town of Lewistown, ?? property being a smalljail located where our present
house now stands. lt therefore was necessary to secure quarters holding the first term of court.
There was a two-story frame building located on the south bank of Spring Creek, near the
bridge, having outside stairway, which belonged to Charlie Richards, and on the second floor of
this structure the first term of court was held. Two rooms upstairs were used both for grand
jury and the trial jury.
It was indeed a very interesting ??, constituting as it did the first meeting of a district court in
what is now Fergus County. lt was the first grand jury, in whose deliberations it is interesting to
note were indictments for almost every crime in the criminal calendar, including murder, rape,
bigamy, adultery, unlawful cohabitation, forgery, grand larceny (the latter charge always
meaning horse stealing), killing fish with dynamite, and other infraction of the penal code. lt
may not be amiss to say that about half of the indictments fell by the wayside when tried in
court, as it was one thing to find an indictment and another to convict before a trial jury. The
cases of murder and rape resulted in acquittal, while in the lesser crimes they were found guilty
by the trial jury, and in many instances the defendants pleaded guilty.
The first citizenship papers granted at this session of court were those of Joseph Putz, who
became a Citizen on April 4,L887, followed within a few days by Peter Berger, lsaiah Berger,

Pioneer's early reminiscences of first grand jury held.
By DAVID HILGER.
On the 4th of April, L887, Judge Thomas C. Bach, associate justice of the supreme court of
Montana, convened the first district court in Fergus County, having been delegated by the
Supreme Court to do so, in what was then the Fourth judicial district. On the 1-3th of December,
1886, court was called but continued on account of the absence of the judge to the 19th of
December, when, again forthe same reason, itwas continued untilApril 4th,L887. ToJ. M.
Vrooman, now of Grass Range, must be accorded the distinction of being the first deputy clerk
of court who called the district court order in front of the old jail on top of the hill and
continuing the? from day to day. However, as stated, on April 4th, L887, Judge Bach duly
opened court the first order of business was swearing in of the grand jury that had been
summoned to serve as consisting of the following persons: .
Louis D. Smith, F. R. Stoddard, David Hilger, John Duffield, George Williamson, Thomas Gregory,
A. B. Bean, Robert Jackson, T. A. Sloan, Dr. L. A. LaPalme , O. W. Kelly, Hugh Cameron, H. F.
Clement, Rodger Clifford, George Fallagan, John McCourt.
H. F. Clement was appointed as foreman and the writer acted as Clerk.
After this jury was sworn in Judge Bach gave quite an extended talk to the jury upon various
infractions of law, gave the usual instructions, carefully inquire and not to convict anybody
unless there was a reasonable grounds for conviction.
The full roster of court officials at time was as follows: James Farlane was clerk, and Charles S. ?
. deputy; Frank W. Smith was attorney, and John Beck, Sheriff. At that time there was no court
house in the town of Lewistown, ?? property being a smalljail located where our present
house now stands. lt therefore was necessary to secure quarters holding the first term of court.
There was a two-story frame building located on the south bank of Spring Creek, near the
bridge, having outside stairway, which belonged to Charlie Richards, and on the second floor of
this structure the first term of court was held. Two rooms upstairs were used both for grand
jury and the trial jury.
It was indeed a very interesting ??, constituting as it did the first meeting of a district court in
what is now Fergus County. lt was the first grand jury, in whose deliberations it is interesting to
note were indictments for almost every crime in the criminal calendar, including murder, rape,
bigamy, adultery, unlawful cohabitation, forgery, grand larceny (the latter charge always
meaning horse stealing), killing fish with dynamite, and other infraction of the penal code. lt
may not be amiss to say that about half of the indictments fell by the wayside when tried in
court, as it was one thing to find an indictment and another to convict before a trial jury. The
cases of murder and rape resulted in acquittal, while in the lesser crimes they were found guilty
by the trial jury, and in many instances the defendants pleaded guilty.
The first citizenship papers granted at this session of court were those of Joseph Putz, who
became a Citizen on April 4,L887, followed within a few days by Peter Berger, lsaiah Berger,